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Before the
Federal Communications Commission
Washington, D.C. 20554
In the Matter of )
)
)
Infinity Broadcasting ) File No. EB-02-IH-0109
Operations, Inc. ) NAL/Acct. No. 200332080010
) FRN 0003476074
Licensee of Station WKRK-FM ) Facility ID # 9618
Detroit, Michigan )
)
NOTICE OF APPARENT LIABILITY FOR FORFEITURE
Adopted: March 28, 2003 Released: April 3, 2003
By the Commission: Commissioner Copps dissenting and issuing a
statement;
Commissioners Martin and
Adelstein issuing separate statements.
I. INTRODUCTION
1. In this Notice of Apparent Liability for Forfeiture
(``NAL''), we find that Infinity Broadcasting Operations, Inc.,
(``Infinity''), licensee of Station WKRK-FM, Detroit, Michigan
apparently violated 18 U.S.C. § 1464 and 47 C.F.R. § 73.3999 by
willfully broadcasting indecent language. Based upon our review
of the facts and circumstances in this case, we conclude that
Infinity is apparently liable for a forfeiture in the amount of
twenty-seven thousand five hundred dollars ($27,500).
II. BACKGROUND
2. The Commission received a complaint alleging that WKRK-
FM broadcast indecent material during the ``Deminski & Doyle
Show,'' on January 9, 2002 between 4:30 p.m. and 5:00 p.m. The
complainant provided a tape of the ``Deminski & Doyle Show''
containing the allegedly indecent material broadcast. After
reviewing the complainant's tape, the staff of the Enforcement
Bureau issued a letter of inquiry to the licensee that included a
copy of the tape submitted by the complainant as well as a
transcript of a portion of the tape. See Attachment A.
3. Infinity submitted a response to the letter of inquiry,
and confirms that the program segment that is the subject of the
complaint was broadcast. However, Infinity asserts that no
enforcement action or administrative penalty can be assessed
because the Commission's generic definition of indecency is
unconstitutional. Infinity does not argue that the material
broadcast is not indecent under the Commission's definition.
III. DISCUSSION
4. It is a violation of federal law to broadcast obscene
or indecent programming. Specifically, Title 18 of the United
States Code, Section 1464 (18 U.S.C. § 1464), prohibits the
utterance of ``any obscene, indecent or profane language by means
of radio communication.'' Congress has given the Federal
Communications Commission the responsibility for administratively
enforcing 18 U.S.C. § 1464. In doing so, the Commission may,
among other things, impose a monetary forfeiture, pursuant to
Section 503(b)(1) of the Communications Act (the ``Act''), 47
U.S.C. § 503(b)(1), for broadcast of indecent material in
violation of 18 U.S.C. § 1464. Federal courts have upheld
Congress's authority to regulate obscene speech and, to a limited
extent, indecent speech. Specifically, the U.S. Supreme Court
has determined that obscene speech is not entitled to First
Amendment protection. Accordingly, Congress may prohibit the
broadcast of obscene speech at any time.1 In contrast, federal
courts have held that indecent speech is protected by the First
Amendment.2 Nonetheless, the federal courts consistently have
upheld Congress's authority to regulate the broadcast of indecent
speech, as well as the Commission's interpretation and
implementation of the statute.3 However, the First Amendment is
a critical constitutional limitation that demands we proceed
cautiously and with appropriate restraint.4 Consistent with a
subsequent statute and case law,5 under the Commission's rules,
no radio or television licensee shall broadcast obscene material
at any time, or broadcast indecent material during the period 6
a.m. through 10 p.m. See 47 C.F.R. § 73.3999.
5. In enforcing its indecency rule, the Commission has
defined indecent speech as language that first, in context,
depicts or describes sexual organs or activities. Second, the
broadcast must be ``patently offensive as measured by
contemporary community standards for the broadcast medium.''
Infinity Broadcasting Corporation of Pennsylvania, 2 FCC Rcd 2705
(1987) (subsequent history omitted) (citing Pacifica Foundation,
56 FCC 2d 94, 98 (1975), aff'd sub nom. FCC v. Pacifica
Foundation, 438 U.S. 726 (1978)). This definition has been
specifically upheld by the federal courts.6 The Commission's
authority to restrict the broadcast of indecent material extends
to times when there is a reasonable risk that children may be in
the audience. ACT I, supra. As noted above, current law holds
that such times begin at 6 a.m. and conclude at 10 p.m.7
6. The Commission's indecency enforcement is based on
complaints from the public. Once a complaint is before the
Commission, we evaluate the facts of the particular case and
apply the standards developed through Commission case law and
upheld by the courts. See Industry Guidance on the Commission's
Case Law Interpreting 18 U.S.C. § 1464 and Enforcement Policies
Regarding Broadcast Indecency (``Indecency Policy Statement'') 16
FCC Rcd 7999 at 8015, ¶ 24 (2001). ``Given the sensitive nature
of these cases and the critical role of context in an indecency
determination, it is important that the Commission be afforded as
full a record as possible to evaluate allegations of indecent
programming.'' Id. In evaluating the record to determine
whether the complained of material is patently offensive, three
factors are particularly relevant: (1) the explicitness or
graphic nature of the description; (2) whether the material
dwells on or repeats at length descriptions of sexual or
excretory organs or activities; and (3) whether the material
appears to pander or is used to titillate or shock. See
Indecency Policy Statement, supra, 16 FCC Rcd at 8003 ¶ 10.
7. There is no question that the complained of material
broadcast on the ``Deminski & Doyle Show'' as set forth in
Attachment A, which concerns a discussion of sexual techniques
and practices, in context, refers to sexual and excretory organs
and activities. Thus, the material warrants scrutiny. Moreover,
as discussed below, based on the nature of the material in
question, it is not surprising that Infinity does not argue that
the complained of broadcast is not indecent. We find that the
complained of material, in context, is patently offensive when
considered under the three factors set out in the Indecency
Policy Statement.
8. The inquiry under the first key factor relevant to a
determination of patent offensiveness is whether the sexual and
excretory references are graphic or explicit. The complained of
broadcast of the ``Deminski & Doyle Show'' invited listeners to
call in to discuss sexual practices. There were separate
discussions with nine individuals who called the show to talk
about sexual activities. Callers and the show's hosts described
in detail how specifically named sexual acts are performed. The
broadcast included explicit and graphic sexual references,
including references to anal and oral sex, as well as explicit
and graphic references to sexual practices that involve excretory
activities.
9. With respect to the second factor, the complained of
material dwelled on sexual and excretory organs and activities
and the sexual and excretory references were repeated. Thus, the
sexual and excretory references cannot be considered fleeting.
Under the third factor, we find that the graphic and explicit
descriptions of the sexual practices at issue in the broadcast,
which were identified in descriptive, non-clinical terms, and the
comments of the on-air personalities demonstrate that the
material, in context, appears to have been used to pander,
titillate and shock. The tone of the material broadcast is
extremely vulgar and extremely lewd, and is similar to other
programming that has been found to be indecent or apparently
indecent.8
10. Given our application of established standards that
have been repeatedly affirmed by the courts as constitutional, we
also reject Infinity's arguments that our indecency definition is
unconstitutionally vague and overbroad. The Commission has
rejected similar constitutional challenges to our broadcast
indecency standards, including constitutional challenges based on
Reno v. ACLU, a case which Infinity cites and which invalidated
an indecency standard for the Internet. See, e.g., Infinity
Broadcasting Corporation of Los Angeles (KROQ-FM), 17 FCC Rcd
9892 (2002); WQAM License Limited Partnership, supra, 15 FCC Rcd
at 2518 (noting that the Court indicated that broadcast indecency
regulations were justified based on significant differences
between the Internet and the broadcast medium and between the
standard in the statute at issue and the Commission's broadcast
indecency standard). Moreover, we disagree with Infinity's
assertion that our indecency definition is constitutionally
invalid because no causal link has been demonstrated between the
broadcast of indecent material and harm to children.9
11. Infinity does not claim that any of the complained of
material was broadcast outside the 6 a.m. to 10 p.m. time frame
relevant to an indecency determination. Thus, there was a
reasonable risk that children may have been in the audience at
the time that the material at issue was broadcast on January 9,
2002 and, therefore, the material broadcast is legally
actionable. By broadcasting this material, WKRK-FM apparently
violated the prohibitions in the Act and the Commission's rules
against broadcast indecency.
12. Section 503(b) of the Act, 47 U.S.C. § 503(b), and
section 1.80(a) of the Commission's rules, 47 C.F.R § 1.80, both
state that any person who willfully or repeatedly fails to comply
with the provisions of the Act or the rules shall be liable for a
forfeiture penalty. For purposes of section 503(b) of the Act,
the term ``willful'' means that the violator knew it was taking
the action in question, irrespective of any intent to violate the
Commission's rules. 10 Based on the material before us, it
appears that Infinity willfully violated 18 U.S.C. § 1464 and
section 73.3999 of the Commission's rules, by airing indecent
programming on WKRK-FM on January 9, 2002. We also take this
opportunity to note that we could have found Infinity to have
engaged in apparent repeated violations. The statute prohibits
the broadcast of indecent ``utter[ances].'' While the Commission
has traditionally viewed all of the utterances in one program to
be a single utterance and thus a single violation, such an
approach is not legally required. Here, for example, there were
several distinct conversations, each of which could be viewed as
a separate indecent utterance, and thus a separate violation.
For purposes of this proceeding, we will use our traditional per-
program approach. We hereby make clear that, in the future, we
may treat situations like this as multiple, repeated violations
with the accompanying increase in forfeitures.
13. The Commission's Forfeiture Policy Statement sets a
base forfeiture amount of $7,000 for transmission of indecent or
obscene materials.11 The Forfeiture Policy Statement also
specifies that the Commission shall adjust a forfeiture based
upon consideration of the factors enumerated in section
503(b)(2)(D) of the Act, 47 U.S.C. § 503(b)(2)(D), such as ``the
nature, circumstances, extent and gravity of the violation, and,
with respect to the violator, the degree of culpability, any
history of prior offenses, ability to pay, and such other matters
as justice may require.''12 Based upon our review of the entire
record, we believe that imposition of a forfeiture that is higher
than the base amount is warranted. The violation was egregious
in that the indecent material was extensive, and included
discussions with nine callers. We therefore believe that an
upward adjustment of the forfeiture amount to the statutory
maximum of $27,500 is warranted in this case for the apparent
broadcast of indecent material. Forfeiture Policy Statement,
supra.13 We take this opportunity to note that given the
egregiousness of this violation, additional serious violations by
Infinity may well lead to the initiation of a revocation
proceeding. Moreover, other broadcasters are on notice that the
Commission will not hesitate to adopt strong enforcement actions
in the future, including the potential initiation of revocation
proceedings. See, e.g., 47 U.S.C. § 312(a).
IV. ORDERING CLAUSES
14. ACCORDINGLY, IT IS ORDERED, pursuant to section 503(b)
of the Communications Act of 1934, as amended, and Sections
0.111, 0.311, and 1.80 of the Commission's rules,14 that Infinity
Broadcasting Operations Inc. is hereby NOTIFIED of its APPARENT
LIABILITY FOR FORFEITURE in the amount of twenty-seven thousand
five hundred dollars ($27,500) for willfully violating 18 U.S.C.
§ 1464 and section 73.3999 of the Commission's rules.
15. IT IS FURTHER ORDERED, pursuant to section 1.80 of the
Commission's rules, that within thirty days of the release of
this Notice, Infinity SHALL PAY the full amount of the proposed
forfeiture or SHALL FILE a written statement seeking reduction or
cancellation of the proposed forfeiture.
16. Payment of the forfeiture may be made by mailing a
check or similar instrument, payable to the order of the Federal
Communications Commission, to the Forfeiture Collection Section,
Finance Branch, Federal Communications Commission, P.O. Box
73482, Chicago, Illinois 60673-7482. The payment MUST INCLUDE
the FCC Registration Number (FRN) referenced above and also
should note the NAL/Acct. No. referenced above.
17. The response, if any, must be mailed to Maureen F. Del
Duca, Chief, Investigations and Hearings Division, Enforcement
Bureau, Federal Communications Commission, 445 12th Street, S.W,
Room 3-B443, Washington DC 20554 and MUST INCLUDE the NAL/Acct.
No. referenced above.
18. The Commission will not consider reducing or canceling
a forfeiture in response to a claim of inability to pay unless
the respondent submits: (1) federal tax returns for the most
recent three-year period; (2) financial statements prepared
according to generally accepted accounting practices (``GAAP'');
or (3) some other reliable and objective documentation that
accurately reflects the respondent's current financial status.
Any claim of inability to pay must specifically identify the
basis for the claim by reference to the financial documentation
submitted.
19. Requests for payment of the full amount of this Notice
of Apparent Liability under an installment plan should be sent
to: Chief, Revenue and Receivables Operations Group, 445 12th
Street, S.W., Washington, D.C. 20554.15
20. Under the Small Business Paperwork Relief Act of 2002,
Pub L. No. 107-198, 116 Stat. 729 (June 28, 2002), the FCC is
engaged in a two-year tracking process regarding the size of
entities involved in forfeitures. If you qualify as a small
entity and if you wish to be treated as a small entity for
tracking purposes, please so certify to us within thirty (30)
days of this NAL, either in your response to the NAL or in a
separate filing to be sent to the Investigations and Hearings
Division. Your certification should indicate whether you,
including your parent entity and its subsidiaries, meet one of
the definitions set forth in the list provided by the FCC's
Office of Communications Business Opportunities (OCBO) set forth
in Attachment B of this Notice of Apparent Liability. This
information will be used for tracking purposes only. Your
response or failure to respond to this question will have no
effect on your rights and responsibilities pursuant to Section
503(b) of the Communications Act. If you have questions
regarding any of the information contained in Attachment B,
please contact OCBO at (202) 418-0990.
21. IT IS FURTHER ORDERED that a copy of this Notice shall
be sent, by Certified Mail/Return Receipt Requested, to Stephen
A. Hildebrandt, Vice President, Infinity Broadcasting Operations,
Inc., 2000 K Street, N.W., Suite 725, Washington, D.C., 20006.
FEDERAL COMMUNICATIONS COMMISSION
Marlene H. Dortch
Secretary
2. ATTACHMENT A
3.
EB-02-IH-0109
Radio Station: WKRK-FM, Detroit, Michigan
Date/Time of Broadcast: January 9, 2002 between 4:30 p.m. and
5:00 p.m.
Material Broadcast: Deminski & Doyle Show
MV1: Male Cast member
MV2: Male Cast member
MV3: Male Cast member
MC1: First caller
MC2: Second caller
MC3: Third caller
MC4: Fourth caller
MC5: Fifth caller
MC6: Sixth caller
MC7: Seventh caller
MC8: Eighth caller
MC9: Ninth caller
MV1: 4:37 on a Wednesday. So listen to this. Former Baywatch
babe Yasmine Bleeth was in court today in our area in Wayne
county, you know for that drug charge. She just got 2 years
probation. She's gotta do the substance abuse screening and all
that. Ah Rudy's the only one I did not show this photograph to in
the new story. Do you remember Yasmine Bleeth?
MV2: Oh yeah, she's hot or was hot.
MV1: Okay, well I think she still is. I guess you can tell the
drugs took a toll but she's got a little even bigger in the boobs
there. Look how big her boobs look now. Look at the size of those
Bleeths.
MV2: Oh man, yeah! She looks like she put on some weight. She
doesn't look like Baywatch.
MV1: So you'd like to Yasmine all over those Bleeths, wouldn't
you?
MV2: Damn right I would, hell yeah! I'd buy that for a dollar.
MV1: What does that mean? You'd buy that for a dollar?
MV2: It's an inside joke, from ``Robocop.''
MV1: Okay.
MV3: Okay, that was so inside Rudy's the only one who knows what
he's talking about.
MV2: There was a line in ``Robocop'' where the guy.... Forget
it.
MV1: No, you gotta tell `em.
MV2: There's some old man who keeps going ``I''... It was a game
show on a television that was inside a window in a department
store and the guy kept going ``I'll buy that for a dollar.''
MV3: Was that the horsey game at the casino he was playing?
MV2: No.
MV1: To whom was that an inside joke?
MV2: It was for me. (laughter) It was one of those things where
I was saying in my head I was thinking I'd buy that for a dollar.
MV1: That's not usually what an inside joke normally means.
It's when only a few others get it. But you gotta have those few
others.
MV2: Exactly. You got it. Humor me.
MV1: Our phone is 248-559-9797 so again I was saying no children
are to be listening to this next segment or so and ladies you
probably don't wanna hear this crap either `cause this is really
foul. Now we talked about this only one other time on the show
and not that long ago but this is why this cracked me up so much.
You know those weird funky uh made up sex techniques or sex
positions or sex maneuvers that guys have their whole websites
full of this stuff now and they have all these clever names
assigned to them?
MV3: They all seem like urban legends.
MV1: Right, right. Well, I'm watching TV last night and there's
a brand new TV show, brand new sitcom. I'm not even saying it was
all that good. I didn't even watch the whole thing, but it's
that Hank Azaria show. Hank Azaria has been on different things,
he's a lot of the voices on ``The Simpsons'' actually. So he's
got his own show now where like his imagination goes running wild
with crap. So part of the plot was that they're going to a
therapist and they're trying to work on their sex life, he and
his wife. And um, she is telling him that he could have anything
that he wants. This one night he could have anything he wants.
He's like ``anything?'' She's like ``anything you want.'' And
so he comes up with the term ``okay how about a `Cleveland
tornado?''' And this is something that apparently he had done to
her in the past because she's like ``a Cleveland Tornado?''
``You're not doing that to me again!'' And they had both been
really drunk this night when they had done the ``Cleveland
Tornado.'' And she gets horribly offended on the show last night.
And he's like ``oh no, no, I don't know why I said it.'' ``I
don't know what I was thinking,'' blah, blah, blah.''
MV3: Well, what is it?
MV1: That's just it. They never say. Or well, I didn't see the
end of it but I don't think they ever explained it `cause it's a
sitcom so they couldn't ... Rudy what is it?
MV2: Don't know. Never heard of that one before.
MV1: Now try to describe carefully what a ``Cleveland Steamer''
would be.
MV2: Now the ``Cleveland Steamer'' is when... I'm pretty sure
it's when...
MV1: Now you don't even know what a ``Dirty Sanchez'' was by the
way, so I'm not even so sure if you're accurate about this.
MV2: They're all different. I think a ``Cleveland Steamer'' is
when you take a poop like on the girl's chest area.
MV1: And this is romantic to whom? This improves your sex life?
MV2: And then, hold on. So you take a poop on her chest area,...
MV1: Oh, the romantic part is coming up apparently...
MV2: ...her breasts and then you supposedly sit on it and make
the noise of a steamboat.
MV1: So you Yasmine on her Bleeth's and then you ... (laughing).
Have you ever performed any of this Rudy?
MV2: I've never done any of these techniques except ``The
Stranger.''
MV1: Have you ever asked a woman if you could do them?
MV2: No I have not.
MV3: You gotta tell what ``The Stranger'' is again for those
that don't follow every day.
MV2: ``The Stranger'' is when...
MV1: And he's done this!!! This is the sad part, Rudy's done
it. Go ahead...
MV2: ``The Stranger'' is when you sit on your hand to cut off
the circulation; the hand that you use to masturbate with and you
cut off the circulation until it's numb and you can't feel it and
then uh, you pleasure yourself with that hand. So it feels like
someone else, therefore ``The Stranger.''
MV1: (Laughing) This is so sad, when did you first develop your
interest in these strange sex techniques?
MV2: You know what? I have no idea to be honest with you. Let
it be known that this sitcom is jocking the Deminski & Doyle
Show. `Cause we have brought these into the mainstream.
MV1: Well, see, I don't know who's brought them into the
mainstream, but if it was in prime time then naturally they
didn't describe what it was but it was obviously something really
disgusting and kinky but if they're starting to talk about
``Cleveland Tornados'' in prime time I'm thinking yeah yeah
there's gotta be all sorts of websites and jokes about this kinda
thing. So I just wanted to bring this up what sorts of things
like this have you heard of and try to, you know, carefully
within reason describe it as best as you can what these strange
sex techniques are. 248-559-9797.
MV3: And I would like to make a challenge to anyone who's
actually done one; `cause I mean we've all heard these, but
they're all urban myths.
MV2: I would like to say the last two of my favorite ones lately
is ``The Shocker'' which I'm sure somebody will call that one in.
I don't want to say that. And uh what was the other one?
MV1: So just give us the title without telling us what it means.
MV3: What's ``The Shocker?''
MV2: That's when... It's with the fingers, two in the orifices.
I can't really say. Can't do it careful enough.
MV1: Oh one... Oh... Look, we already warned people no children
and no women, so...
MV2: Two in the pink, one in the stink.
MV1: Okay now I was gonna see, I was gonna say ``vagina'' and
``rectum.'' But hey, you know...
MV3: Have you performed that one?
MV2: No.
MV3: And that's called a ``Shocker.''
MV2: ``The Shocker,'' it takes them by surprise.
MV3: He only performed the one finger on himself.
MV2: And the other one which was called in awhile ago not when
we were talking about this but the ``Rusty Trombone.''
MV1: Oh that one I know!
MV2: That one's gross.
MV3: Yeah, once again one that had not been actually done.
MV1: The ``Rusty Trombone'' you know that I think that is the
oldest of all these sickening things uh, `cause I heard that one
years and years and years ago.
MV3: I've never heard of it until that guy brought it up on the
show.
MV1: Really? For some reason I heard of that a long time ago.
MV3: Be honest I've never heard of any of these.
MV1: ``Rusty Trombone,'' and again please, no kids, no women.
``Rusty Trombone'' I believe that's when you're having anal sex
with a girl and then right afterwards you make her perform uh,
oral sex on you.
MV3: That's the way the man described it. Yes.
MV1: Without washing up first. That's just disgusting.
MV3: She is referred to as playing the ``Rusty Trombone.''
MV1: So if anyone has had the balls or was stupid enough or and/
or to actually try one of these on a girlfriend, wife, concubine,
whatever that's about the only person you'll get away with it. If
you got a hooker somewhere...
MV3: She'll probably kick your ass.
MV1: She'll have her driver kill you. So tell us if you were
ever dumb enough to try one of these on a girl and even if not
just what sort of strange sex techniques have you heard of. 248-
559-9797.
MV3: Billy from Southfield you're on 97.1 FM talk.
MC1: How're you guys doin' today?
MV3: Okay Billy.
MC1: Yeah, the ``David Copperfield.''
MV1: I heard of this but I can't remember how it goes.
MC1: Um, I think it's when you're having sex with a girl from
behind...
MV1: Oh yeah.
MC1: and then you spit on her back.
MV1: Oh yeah, okay you pretend by spitting that you've just
finished.
.
MC1: Right and then when you turn around you Yasmine on her....
It's an illusion.
MV1: (Laughing) You Yasmine on her face.
MC1: Right.
MV1: And Billy have you actually performed this?
MC1: I believe I have once, but I was really drunk.
MV1: What do you mean ``you believe you have?'' You're not sure
you did?
MC1: Well, I'm sure about the first part but the second part's a
little fuzzy.
MV1: You may have missed?
MC1: Yeah. Right.
MV1: But you definitely did the spitting on the back?
MC1: Yeah, I tried it.
MV1: Okay now but to perform a ``David Copperfield'' though
doesn't one have to not spit just once you have to sorta you know
``puph, puph, puph'' (simulates a spitting noise) get a couple
spits out there in a rhythmic fashion?
MC1: You know I never claimed to be a professional at it.
(Laughter).
MV1: You're just in it for the love of the game. Okay, alright
Billy, thanks for your call. Oh my God we're being told, Frank in
Belleville. Hey Frank?
MC2: Yes?
MV1: We got a note here that says you actually know what a
``Cleveland Tornado'' is supposed to be?
MC2: I know what the ``Cleveland Tornado'' is. Are you ready?
MV1: I just thought it was something they made up just to put on
the show.
MC2: Oh no, no, no. A ``Cleveland Tornado'' is ... You have to
have a sex swing. What you do is you lay down and you have to
lower the girl. You have to...
MV1: Wait, wait, I'm sorry. Who is in the swing?
MC2: Oh, a girl okay?
MV1: And you're on the bed?
MC2: You're on the bed or floor preferably, okay and you have to
penetrate her rectum and...
MV1: Yeah?
MC2: ...you turn her around and supposedly she is supposed to
have ate something that is going to make her defecate all over
you.
MV1: Oh God!!!!
MC2: While you're spinning around.
MV1: That's beautiful, that's like a dream wedding night
(laughing).
MC2: Why anybody would do this I don't know but I heard....
Yeah.
MV2: Who would want that?
MV3: I don't know...
MV1: What guy would want the girl to crap on her [him]?
(laughing) I don't know. What's fun about any of these? That
makes the show last night even funnier because that's what they
were referring to. The thing is you gotta have the sex swing and
the plot of the show was something they just sorta tried one
night. You know you gotta have the swing! Alright strange sex
techniques you've heard of 248-559-9797.
MV3: Alan in Garden City you're on 97.1 FM talk.
MC3: Alright the one I know of is called the ``Chili Dog.''
MV1: Well of course it is.
MC3: And it's kinda like the ``Cleveland Steamer'' the way you
started out except for you do the Hershey squirts on her chest.
And then you add the hot dog which would be your member.
MV1: You add it. You just put it there?
MC3: You put it there and, yeah.
MV1: Okay, wait a minute... so it starts off like the
``Cleveland Steamer''...
MC3: Yeah, you're using Hershey squirts instead of just
defecating. And then you add the hot dog and the bun there... So
the chili's already there.
MV1: So you put your unit in your own feces?
MC3: Yeah, in between her breasts.
MV1: So Alan, how many times have you tried this?
MC3: Absolutely none.
MV1: That sounds like a real good maneuver.
MV2: Well once you find the right girl. Why would you wanna put
your unit in your own poop? (laughing)
MV1: Josh, you're on 97.1 FM talk.
MC4: Hey guys
MV1: Hey Josh.
MC4: I got one for you, have you ever heard of a ``Tony Danza?''
MV1: Oh, this is a brand new one, so I'm glad, no I have not.
MC4: A ``Tony Danza's'' when you grab her by the hair, throw her
down on the bed, smack her around a little bit and tell her who's
the boss.
MV1: Aww. That's it?! Aww, otherwise know as a domestic violence
move. Yeah I think that's known as a former Senator David Jay
move. Brian in Milford you're on 97.1 FM talk.
MC5: Hey, what's up guys?
MV1: Hey Brian.
MC5: I have done the ``Rusty Trombone.''
MV1: Aw, for God's sakes.
MV2: You must've really loved her.
MC5: No it was a girl I picked up when I was vacationing down in
Hilton Head, South Carolina.
MV1: Okay and you're back.
MC5: She wanted me to do it.
MV1: Now, you're in the hotel room?
MC5: No, we were in a condo.
MV1: Okay so you're in this condo and it's just you and the
girl, it's not a threesome or anything?
MC5: No. It was just me and the girl, my buddy was sleeping in
the other bedroom.
MV1: And uh, when you say she wanted you to do it, I mean, what
happens, like you start having anal sex with her?
MC5: Yeah, and I was approaching the finish line and she says...
MV1: She says, ``Finish in my mouth?''
MC5: Yes, yes.
MV1: No kiddin'? Wasn't that kinda disgusting?
MC5: It was bizzare when it happened.
MV1: Didn't it kind of gross you out?
MC5: Yeah, but uh, it was a story, you know.
MV1: Oh yeah, it is a good story. What does the girl do
immediately after? Does she go to the bathroom and use a bunch of
Listerine or what?
MC5: No she tried to kiss me and that wasn't happenin.'
(Laughter).
MV1: No way!! Oh man, now was she offended that you would not
kiss her?
MC5: Yeah, she was.
MV1: Yeah, I mean, I guess she would be, `cause hey look what
she did for you.
MV2: Yeah but so what!
MV1: Oh no, I agree, it's just that it's inevitable that she's
gonna be offended you know? Brian, thanks for your call. Oh
yeah, if you actually tried these with anybody for God sakes get
on a phone we'll talk about this just for the next segment...
MV2: I still think about 99 percent of them are urban legend.
MV1: Oh yeah, they've never actually been performed. I just
think that guys, I think that guys bein' sick just tryin' to come
up with just the most disgusting turn-off they can and then just
pretend like oh yeah, this is what I did with somebody. So
strange sex techniques you've heard of, no children no women 248-
559-9797.
97.1 FM Talk. D&D Talk That Rocks In Detroit.
COMMERCIAL BREAK
Deminski (Deminski) and Doyle (Doyle). It's like seeing nude
photos of your sister. (Sound of a spring snapping back
``boing''). Sure it's creepy, but there's just something about
it (Woah). 97.1 FM Talk.
MV1: It's 4:55 with Deminski and Doyle and by the way Rudy
somebody e-mailed and was laughing their ass off when you said
``I'd buy that for a dollar'' `cause he says it all the time too.
So another ``RoboCop'' fan out there.
MV2: Oh so it was an inside joke.
MV3: Between Rudy and a listener.
MV1: Another guy who lives in the basement somewhere just like
Rudy. Oh, oh, hey, real quick-- hot girl upstairs any update?!
You still haven't talked to the hot girl upstairs? No ``Cleveland
Tornado?'' Nothing? Okay. Just getting the update. So again no
women no children we'll drop this after five, strange sex
techniques. `Cause this is making the main stream. Last night on
that Hank Azaria brand new sitcom they were using the term
``Cleveland Tornado.'' 248-559-9797. Scott from Grand Bluff!
MC6: Yeah hi guys, how ya doing?
MV1: Hi Scott.
MC6: You guys are classic. This is classic radio right here. I
love it.
MV1: Yeah.
MC6: You know I didn't know this was so mainstream. I was
telling my buddies about all these acts a couple months ago and
they didn't believe me. So God bless you guys. Nevertheless I
have one that's an offshoot of the ``Cleveland Steamer'' and it's
called the ``Manhattan Hot Platter.''
MV1: Okay, carefully now tell us what happens.
MC6: It's the same thing but it's not done on the chest it's
done in the mouth.
MV1: Oh God! So you're telling me you get a girl and you, you
crap in her mouth?
MC6: Exactly.
MV1: And then what? That's it?
MC6: That's it.
MV1: Okay Scott, have you ever done this?
MC6: And the ``Copperfield'' is also known as the ``Houdini.''
MV1: No you gotta tell us, have you ever done this?
MC6: No. Goodness no.
MV1: Do you honestly believe anybody has ever done any of these
things?
MC6: You know I've seen the ``Manhattan Hot Platter'' on the
Internet. I have seen it in an e-mail.
MV1: It's gotta be a model.
MC6: No it's not
MV1: Somebody's getting paid.
MC6: I swear it's not; it's very disgusting.
MV1: No, no Bill's saying it's a real person; it's gotta be a
porno actress that gets paid to get demeaned.
MC6: I watched it several times.
MV2: Gotta be pretty low on the porno scale too. You start off
with the ``Manhattan Hot Platter,'' whatever.
MV1: I think that's the 90 days before you make your health
insurance.
MV2: And what does that even have to do with sex?
MV1: (Laughing) I don't know.
MV2: There's no sex involved. You poop in somebody's mouth.
(hoots).
MV1: Some guys are thinking ``Yeah; she wants that; she enjoys
it.'' From Auburn Hills,
Tim. Hey Tim, you're on 97.1 FM Talk.
MC7: Hey you guys, how ya doin'? I listen every day. My
personal favorite is the ``Frothy Walrus.'' (Laughing)
MV1: What's a... I may have heard this but I forget. What's a
``Frothy Walrus?''
MC7: Well, that's where you have a girl perform oral on you, you
complete the act and then you finish it off by punching her in
the stomach so it comes outta her nose. (Laughing)
MV1: Oh God. Another abuse one. If we ever talk about this again
`cause I swear there's so many of these and guys have jammed the
phone lines, we gotta get all sorts of romantic music to play
underneath this. Tom in Sterling Heights you're on 97.1 FM Talk.
MC8: Hey guys this is great. This is actually kind of like the
last one, its called the ``Strawberry Swirl.'' You get the girl
to pleasure you, get it on her face, punch her in the nose and
smear it all around.
MV1: Have you ever done this one Tom?
MC8: Oh no, no, no.
MV1: Would you ever consider doing this?
MC8: No, I'm not that violent.
MV1: So yeah, you gotta get her bloody nose mixed in with
everything else.
MC8: Yeah, gotcha.
MV2: That's charming, another a wedding night memory. Let's
just take one more.
MV1: Alright, Tom in Sterling Heights, you're on 97.1 FM Talk.
MV2: Another Tom.
MC9: Hey guys. Hey, I'd like to call in a blumpkin.
MV1: A blumpkin?
MC9: Blumpkin, yeah. It's you're receiving. The cow's being
serviced while you're on the can.
MV1: Okay. A blumpkin is where she's giving you oral sex while
you're on the...while you're moving your bowels?
MC9: Absolutely.
MV1: What's fun about that?
MC9: It's just dirty that's all.
MV1: Have you had a blumpkin?
MC9: Absolutely not.
MV1: What would you think of a guy who had a blumpkin?
MC9: I don't know.
MV1: `Cause you know what Tom? My dad had a blumpkin.
MC9: Oh no way!! (Laughing).
MV1: Yeah, swear to God. He didn't know it was called a blumpkin
but my dad had this kinky girlfriend for about a year. Did all
this weird stuff, and and this was her idea. She wanted to give
my dad and enema. This was like a longtime fantasy of hers, and
then when the enema kicks in she wanted to blumpkin him. And she
did and my dad for some reason my dad told me about this.
MV2: That's even worse. I mean it's bad enough he's got a
blumpkin but then he shares it with his son. That's priceless.
MV1: I wonder if when you die you really do just gain all the
knowledge that's out there in the universe; meaning that at this
point now that my dad has passed now maybe he knows that that was
a blumpkin. Alright we're gonna stop, so men you can find your
women and children and allow them back to the radio. 97 1 FM
Talk. It's 5:00.
4. October 2002
ATTACHMENT B
FCC List of Small Entities
As described below, a ``small entity'' may be a small
organization,
a small governmental jurisdiction, or a small business.
(1) Small Organization
Any not-for-profit enterprise that is independently owned
and operated and
is not dominant in its field.
(2) Small Governmental Jurisdiction
Governments of cities, counties, towns, townships, villages,
school districts, or
special districts, with a population of less than fifty
thousand.
(3) Small Business
Any business concern that is independently owned and
operated and
is not dominant in its field, and meets the pertinent size
criterion described below.
Industry Type Description of Small Business
Size Standards
Cable Services or Systems
Special Size Standard -
Cable Systems Small Cable Company has 400,000
Subscribers Nationwide or Fewer
Cable and Other Program
Distribution $12.5 Million in Annual
Receipts or Less
Open Video Systems
Common Carrier Services and Related Entities
Wireline Carriers and
Service providers
1,500 Employees or Fewer
Local Exchange Carriers,
Competitive Access
Providers, Interexchange
Carriers, Operator Service
Providers, Payphone
Providers, and Resellers
Note: With the exception of Cable Systems, all size
standards are expressed in either millions of dollars or
number of employees and are generally the average annual
receipts or the average employment of a firm. Directions
for calculating average annual receipts and average
employment of a firm can be found in
13 CFR 121.104 and 13 CFR 121.106, respectively.
International Services
International Broadcast
Stations
$12.5 Million in Annual
Receipts or Less
International Public Fixed
Radio (Public and Control
Stations)
Fixed Satellite
Transmit/Receive Earth
Stations
Fixed Satellite Very Small
Aperture Terminal Systems
Mobile Satellite Earth
Stations
Radio Determination
Satellite Earth Stations
Geostationary Space Stations
Non-Geostationary Space
Stations
Direct Broadcast Satellites
Home Satellite Dish Service
Mass Media Services
Television Services
$12 Million in Annual Receipts
or Less
Low Power Television
Services and Television
Translator Stations
TV Auxiliary, Special
Broadcast and Other Program
Distribution Services
Radio Services
$6 Million in Annual Receipts
or Less
Radio Auxiliary, Special
Broadcast and Other Program
Distribution Services
Multipoint Distribution Auction Special Size Standard -
Service Small Business is less than
$40M in annual gross revenues
for three preceding years
Wireless and Commercial Mobile Services
Cellular Licensees
1,500 Employees or Fewer
220 MHz Radio Service -
Phase I Licensees
220 MHz Radio Service - Auction special size standard -
Phase II Licensees Small Business is average gross
revenues of $15M or less for
the preceding three years
(includes affiliates and
controlling principals)
Very Small Business is average
gross revenues of $3M or less
for the preceding three years
(includes affiliates and
controlling principals)
700 MHZ Guard Band Licensees
Private and Common Carrier
Paging
Broadband Personal
Communications Services 1,500 Employees or Fewer
(Blocks A, B, D, and E)
Broadband Personal Auction special size standard -
Communications Services Small Business is $40M or less
(Block C) in annual gross revenues for
three previous calendar years
Very Small Business is average
gross revenues of $15M or less
for the preceding three
calendar years (includes
affiliates and persons or
entities that hold interest in
such entity and their
affiliates)
Broadband Personal
Communications Services
(Block F)
Narrowband Personal
Communications Services
Rural Radiotelephone Service 1,500 Employees or Fewer
Air-Ground Radiotelephone
Service
800 MHz Specialized Mobile Auction special size standard -
Radio Small Business is $15M or less
average annual gross revenues
for three preceding calendar
years
900 MHz Specialized Mobile
Radio
Private Land Mobile Radio 1,500 Employees or Fewer
Amateur Radio Service N/A
Aviation and Marine Radio
Service 1,500 Employees or Fewer
Fixed Microwave Services
Small Business is 1,500
Public Safety Radio Services employees or less
Small Government Entities has
population of less than 50,000
persons
Wireless Telephony and
Paging and Messaging 1,500 Employees or Fewer
Personal Radio Services N/A
Offshore Radiotelephone 1,500 Employees or Fewer
Service
Wireless Communications Small Business is $40M or less
Services average annual gross revenues
for three preceding years
Very Small Business is average
gross revenues of $15M or less
for the preceding three years
39 GHz Service
Auction special size standard
(1996) -
Multipoint Distribution Small Business is $40M or less
Service average annual gross revenues
for three preceding calendar
years
Prior to Auction -
Small Business has annual
revenue of $12.5M or less
Multichannel Multipoint
Distribution Service $12.5 Million in Annual
Receipts or Less
Instructional Television
Fixed Service
Auction special size standard
(1998) -
Local Multipoint Small Business is $40M or less
Distribution Service average annual gross revenues
for three preceding years
Very Small Business is average
gross revenues of $15M or less
for the preceding three years
First Auction special size
standard (1994) -
Small Business is an entity
that, together with its
affiliates, has no more than a
218-219 MHZ Service $6M net worth and, after
federal income taxes (excluding
carryover losses) has no more
than $2M in annual profits each
year for the previous two years
New Standard -
Small Business is average gross
revenues of $15M or less for
the preceding three years
(includes affiliates and
persons or entities that hold
interest in such entity and
their affiliates)
Very Small Business is average
gross revenues of $3M or less
for the preceding three years
(includes affiliates and
persons or entities that hold
interest in such entity and
their affiliates)
Satellite Master Antenna
Television Systems $12.5 Million in Annual
Receipts or Less
24 GHz - Incumbent Licensees 1,500 Employees or Fewer
24 GHz - Future Licensees Small Business is average gross
revenues of $15M or less for
the preceding three years
(includes affiliates and
persons or entities that hold
interest in such entity and
their affiliates)
Very Small Business is average
gross revenues of $3M or less
for the preceding three years
(includes affiliates and
persons or entities that hold
interest in such entity and
their affiliates)
Miscellaneous
On-Line Information Services $18 Million in Annual Receipts
or Less
Radio and Television
Broadcasting and Wireless
Communications Equipment 750 Employees or Fewer
Manufacturers
Audio and Video Equipment
Manufacturers
Telephone Apparatus
Manufacturers (Except 1,000 Employees or Fewer
Cellular)
Medical Implant Device 500 Employees or Fewer
Manufacturers
Hospitals $29 Million in Annual Receipts
or Less
Nursing Homes $11.5 Million in Annual
Receipts or Less
Hotels and Motels $6 Million in Annual Receipts
or Less
Tower Owners (See Lessee's Type of Business)
DISSENTING STATEMENT OF
COMMISSIONER MICHAEL J. COPPS
Re: Infinity Broadcasting Operations Inc., licensee of WKRK-FM,
Detroit Michigan, Notice of Apparent Liability for Forfeiture
In this case, WKRK-FM in Detroit aired some of the most
vulgar and disgusting indecency that I have had the misfortune to
examine since I joined the Commission. The station presented
graphic descriptions of violent sexual acts against women as
entertainment at a time when children likely composed a
significant portion of the audience. The extreme nature of this
broadcast - among the worst we have faced in the Commission's
history - and the fact that it was broadcast in the middle of the
day, gives the FCC the responsibility to take serious action. I
dissent from the majority's decision because I believe that a
financial slap on the wrist does not adequately reflect the
seriousness of the station's actions. To fulfill our duty under
the law, we should initiate a hearing to determine whether the
WKRK-FM license should be revoked.
I am deeply disappointed that the majority proposes a mere
$27,500 fine against this station. Such a fine will easily be
absorbed by the station as a ``cost of doing business.'' While I
am encouraged that the Commission has at least, and at last,
found such programming to be indecent, I am discouraged that it
does so little about it.
Would anyone who reads the transcript of this program argue
that the United States should subsidize such material by giving
WKRK-FM free spectrum through their broadcast license? Can
anyone read the indecency law that Congress has given us and
conclude that any station could broadcast such material on the
public's airwaves consistent with the law? The majority admits
that WKRK-FM appears to have violated egregiously and extensively
the statutory ban on the broadcast of indecent material. The
majority presumably recognizes the seriousness of the offense.
And, importantly, this Commission has agreed for the first time
that it may revoke the license of a station owner that broadcasts
indecent material. But the Commission does not take this step.
Our tepid action today will not dissuade these types of
broadcasts in the future. The message to licensees is clear:
Even egregious violations will not result in revocation of a
license. The majority does warn Infinity that another similar
action could result in a revocation hearing, but it fails to
mention that this is not the first action against a station owned
by Infinity. Infinity stations were fined $1.7 million by a
previous Commission in 1995 to settle a series of indecency
cases. As part of that settlement, Infinity agreed to take steps
to prevent further broadcast of indecent material. But more
complaints involving other broadcasts followed. Last August, for
example, another Infinity station aired the ``Opie & Anthony''
program allegedly involving sex acts performed in or near St.
Patrick's Cathedral. That investigation is still pending without
action by the Commission.
The majority may say that this is the largest fine we are
allowed to impose under our guidelines. But fines are not the
only tool Congress gave us to enforce the law. The Commission
would be more credible by moving immediately to a hearing to
determine whether the station's license should be revoked. We
would be well within our statutory authority to do this under
Section 312(a)(6) of the Communications Act, which specifically
provides such a remedy.
I wonder when this Commission will finally take a firm stand
against broadcast's ``race to the bottom'' as the level of
discourse on the public's airwaves gets progressively coarser and
more violent. The time has come for this Commission to send a
message that it is serious about enforcing its indecency rules.
Our enforcement actions should convince broadcasters that they
cannot ignore their responsibility to serve the public interest
and to protect children. The FCC's actions today fail to do so.
5.
SEPARATE STATEMENT OF
COMMISSIONER KEVIN J. MARTIN
Re: Infinity Broadcasting Operations, Inc., Licensee of Station
WKRK-FM, Detroit, Michigan, Notice of Apparent Liability for
Forfeiture
I support this Notice's finding that the licensee apparently
violated our rule against the broadcast of indecent content, but
I would have proposed a higher fine. For instance, we could have
found that each time the show's hosts solicited a new call on an
indecent topic, the ensuing conversation constituted a separate
violation. As the Notice acknowledges, we have the discretion to
consider each indecent utterance a separate violation.16
SEPARATE STATEMENT OF
COMMISSIONER JONATHAN ADELSTEIN
Re: Infinity Broadcasting Operations, Inc., Licensee of Station
WKRK-FM, Detroit, Michigan, Notice of Apparent Liability for
Forfeiture
I strongly support this Notice and the message it sends to
Infinity and other broadcasters that violate our indecency rules.
The Commission has now given fair notice that it can and will
avail itself of a range of enforcement sanctions, including the
initiation of revocation proceedings. Moreover, the Commission
will, in the future, consider finding broadcasters liable for
multiple violations that occur in a single program where
statements can be viewed as separate indecent utterances. Such
an approach could result in substantially higher forfeiture
amounts.
6.
_________________________
1 See Sable Communications of California, Inc. v. FCC, 492
U.S. 115 (1989); Miller v. California, 413 U.S. 15 (1973),
rehearing denied, 414 U.S. 881 (1973).
2 Sable Communications of California, Inc. v. FCC, supra
note 1, 492 U.S. at 126.
3 FCC v. Pacifica Foundation, 438 U.S. 726 (1978). See
also Action for Children's Television v. FCC, 852 F.2d 1332,
1339 (D.C. Cir. 1988) (``ACT I''); Action for Children's
Television v. FCC, 932 F.2d 1504, 1508 (D.C. Cir. 1991), cert
denied, 112 S.Ct. 1282 (1992) (``ACT II''); Action for
Children's Television v. FCC, 58 F.3d 654 (D.C. Cir. 1995), cert
denied, 116 S.Ct. 701 (1996) (``ACT III'').
4 ACT I, supra note 3, 852 F.2d at 1344 (``Broadcast
material that is indecent but not obscene is protected by the
first amendment; the FCC may regulate such material only with
due respect for the high value our Constitution places on
freedom and choice in what people say and hear.''). See also
United States v. Playboy Entertainment Group, Inc., 529 U.S.
803, 813-15 (2000).
5 Public Telecommunications Act of 1992, Pub. L. No. 356,
102nd Cong., 2nd Sess. (1992); ACT III, supra note 3.
6 In FCC v. Pacifica Foundation, the Court quoted the
Commission's definition of indecency with apparent approval.
FCC v. Pacifica Foundation, supra note 3, 438 U.S. at 732. In
addition, the D.C. Circuit Court of Appeals upheld the
definition against constitutional challenges. ACT I, supra note
3, 852 F.2d at 1339; ACT II, supra note 3, 932 F.2d at 1508; ACT
III, supra note 3, 58 F.3d at 657.
7 ACT III, supra note 3.
8 See, e.g., WQAM License Limited Partnership (WQAM(AM))
15 FCC Rcd 2518 (2000), aff'd 15 FCC Rcd 13549 (2000)(segment
consisting of a telephone conversation discussing anal sex);
Emmis Radio License Corporation, 17 FCC Rcd 5263 (EB 2002),
aff'd 17 FCC Rcd 21697 (EB 2002)(Forfeiture Order)(discussions
concerning sexual practices by female cast member and women
guests); Capstar TX Limited Partnership (KTXQ(FM)), 15 FCC Rcd
19615 (EB 2000)(radio show hosts discuss sexual techniques with
a caller); Communicast Consultants, Inc., (KRXK(AM)), 15 FCC
Rcd 18730 (EB 2000), aff'd 15 FCC Rcd 19697 (EB 2000)(Forfeiture
Order)(complained of material includes graphic description of
sexual activities and organs); Southern Nevada Radio, Inc.
D.I.P.(KKLZ(FM)), 13 FCC Rcd 2787 (MMB 1998)(radio show hosts
solicit ``men are pigs'' stories and discuss with a caller the
sexual and excretory activities performed by the caller's ex-
husband); Rich Communications Corporation (WGRF(FM)), 10 FCC Rcd
5149 (MMB 1995)(radio show hosts solicit women callers to relate
``the strangest intimate story'' confided to them by a
girlfriend and then discuss the details of such stories with
callers).
9 Infinity cites language from Ashcroft v. Free Speech
Coalition, 122 S.Ct. 1389 (2002), a case invalidating provisions
of the Child Pornography Prevention Act of 1996 (``CPPA''), which
criminalized non-obscene ``virtual'' child pornography. The CPPA
extended the federal prohibition against child pornography to
sexually explicit images that appeared to depict minors but were
produced without using any real children. In the text cited, the
Court distinguished provisions of the CPPA related to ``virtual''
child pornography from constitutionally valid statutory
provisions banning actual child pornography. Protecting children
from exposure to indecent material is a compelling governmental
interest and courts have not questioned or expected proof on the
issue of harm. See Sable Communications, supra note 1, 492 U.S.
at 126-27. However, to withstand constitutional scrutiny,
government regulations aimed at promoting this compelling
interest must be narrowly drawn so as not to unnecessarily
interfere with First Amendment freedoms. The D.C. Circuit has
concluded that a 10 p.m. to 6 a.m. ``safe harbor'' period, during
which indecent speech may be legally broadcast, is justified as a
properly tailored means of vindicating the government's
compelling interest in the welfare of children. See ACT III,
supra note 3.
10 See Southern California Broadcasting Co., 6 FCC Rcd 4387
(1991).
11 The Commission's Forfeiture Policy Statement and
Amendment of Section 1.80 of the Rules to Incorporate the
Forfeiture Guidelines, 12 FCC Rcd 17087, 17113 (1997), recon.
denied 15 FCC Rcd 303 (1999) (Forfeiture Policy Statement); 47
C.F.R. § 1.80(b).
12 Forfeiture Policy Statement, 12 FCC Rcd at 17110.
13 See 47 C.F.R. § 1.80. The Commission recently amended
its rules to increase the maximum penalties to account for
inflation since the last adjustment of the penalty rates. The
new rates apply to violations that occur or continue after
November 13, 2000. See Order, ``In the Matter of Amendment of
Section 1.80(b) of the Commission's Rules and Adjustment of
Forfeiture Maxima to Reflect Inflation.'' 15 FCC Rcd 18221
(2000).
14 47 C.F.R. §§ 0.111, 0.311 and 1.80.
15 See 47 C.F.R. § 1.1914.
16 See Notice at ¶ 12. See also 18 U.S.C. § 1864
(``Broadcasting obscene language. Whoever utters any obscene,
indecent, or profane language by means of radio communication
shall be fined under this title or imprisoned not more than two
years, or both.'')